Tzarat Ervah

Yevamot (1:1) | Yisrael Bankier | 7 years ago

The new seder, seder Nashim, begins with Masechet Yevamot. If a
women’s husband dies without having any children and the deceased has
brothers from a common father, then they are obligated to perform either
yibum or chalitzah (see Devarim 25:5-10). The former is where the
brother effectively marries the widow, while the later is a process
through which the widow is then able to remarry outside the family. One
must note that ordinarily one’s brother’s wife is a forbidden
relationship. It is only in the context of yibum that this union is
permitted. We will learn about both of these throughout the course of
the masechet.

There are situations where a brother may be exempt from yibum or
chalitza. One such case is if the brother (yabam) is related to the
widow (yevamah) in a way such that yibum would constitute a
biblically forbidden relationship, or more specifically, an issur
ervah(see Yevamot 3b). The first Mishnah lists those cases where
the widow would be forbidden to theyabam but was not forbidden to the
deceased. The Mishnah teaches that not only is the yevamah exempt
from yibum and chalitzah but the other wives (tzarot) as well. The
Gemara (3b) derives this exemption from pesukim.

The Grach (Chidushim 76) inspects this exemption that applies to the
tzarah. How do we understand the exemption that applies to the
tzarah? Is it that the ervah exempts that tzarah? Or is it that
the tzarah exempts herself by virtue of being defined as a tzaratervah? In other words, the name tzarat ervah carries its own status
of an ervah that exempts her from yibum.

The Grach uses this distinction to explain a Tosfot who he
understands maintains the latter understanding. One is not allowed to
marry his wife’s sister, even after he has divorced his wife. If however
his wife dies, then he is allowed to marry his deceased wife’s sister.
TheMishnah (3:7) records a case of three brothers (Reuven, Shimon
and Levi), where Reuvenand Shimon marry two sisters (Leah and
Rachel) and Levi marries and unrelated woman (Sarah). Reuven
dies and Levi performs yibum to Leah. Shimon’s wife Rachel then
dies and then Levi’s dies. Even though Rachel died prior to Levi,
meaning at the time of the second yibum one might think the Leah is
permitted to Shimon, since there was a point when Leah was
prohibited (after Reuven’s death and prior Rachel’s) Leahremains
prohibited (keivan de’ne’esrah).

The Tosfot there questions this Mishnah. There is a debate whether
“nisuin mapilin” (13a) – at the time of marriage do we view it as if
there is an obligation of yibum. The practical difference is in a
situation of where one’s brother has two wives, one of which an issur
ervah. If the ervah dies prior to the brother dying, is the tzarah
exempt? If we say “nisuinmapilin” then the tzarah is exempt since
at the time of marriage she was a tzarat ervah. Now according to that
opinion, the Mishnah could have taught that the first person to die in
the chain of events was Rachel since, due to nisuin mapilin, Leah
is already assur.

The Tosfot answer that nisuin mapilin only helps with a tzarat
ervah. That is, if she was a tzaratervah at some point during the
marriage, she is exempt even if at the time of yibum the ervah is
not one of the widows. Nisuin mapilin however does not work to make it
as if the requirement of yibum has now occurred; as if Leah requires
yibum in the life of Rachel.

The Grach explains that for an ervah, for the principle of keivan
de’ne’esrah to exempt her, she would need to be prohibited at the
actual time when yibum is required. For the tzara, at the time when
both the ervah and the tzarah are married, according to those that
maintain nisuin mapilin, the tzarah get the status of tzarat ervah
that carries a status of ervah and ultimately exempts her even if she
is the lone widow at the time of yibum.1

1 According to this, the Grach explains that in a cases of two
wives, where one was an ervah but ceased being so during the marriage,
at the time of yibum,the tzarah would be exempt (as explained) and
the original ervah could have yibumperformed to her were it not for
the fact that she now is a tzaratervah.